Supreme Court Questions Offence in Consensual Live-in Relationship

The Supreme Court questioned the accusation of sexual assault in a consensual live-in relationship, where the woman lived with her partner for 15 years and had a child. The court suggested pursuing mediation and maintenance for the child, rather than treating the relationship as a criminal offence.

The Supreme Court on Monday raised an important question over the allegation of sexual assault in a consensual relationship. A woman had challenged a Madhya Pradesh High Court order that quashed an FIR against her ex-live-in partner for alleged sexual assault under a false marriage promise.

A bench, including Justices B V Nagarathna and Ujjal Bhuyan, highlighted that the couple lived together for 15 years and had a child. Justice Nagarathna questioned why the woman, who had lost her husband, lived with her partner before marriage if there was no legal bond.

Justice Nagarathna emphasized that in the absence of marriage, the woman cannot accuse her ex-partner of a criminal offence upon separation. Instead, she suggested the woman could seek maintenance for the child and pursue mediation. The court issued a notice to explore possible settlements between the parties involved.